When you appeal a conviction or sentence, you are asking that a higher court reverse your case’s outcome from a lower court—from the trial court. In a direct appeal, you argue to the criminal appeals court that you deserve a new trial or a new sentencing hearing because your rights were violated during your trial court proceedings. If your initial appeal is denied, then you could potentially appeal to the next higher court, all the way up to the United States Supreme Court.
You cannot appeal a conviction or sentence if you entered a plea agreement. If you entered a plea agreement, then you may consider filing a post conviction relief petition as a type of substitute for an appeal.
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The different results that can come out of a direct appeal are:
A direct appeal from the Superior Court is reviewed and decided by the Arizona Court of Appeals. For death penalty cases, the direct appeal is filed with the Arizona Supreme Court.
The rules and statutes that apply to your appeal include:
You have 20 days from the date of your sentencing to file a Notice of Appeal in Superior Court. The Superior Court clerk then sends the notice out to the relevant parties, including to the Arizona Court of Appeals. The Court of Appeals then gives your direct appeal an appellate case number.
Record on Appeal. To hear your direct appeal, the Court of Appeals will need the official court record from what happened in your case in Superior Court. This is called the Record on Appeal.
Automatic Records Included. The Record on Appeal generally automatically includes:
File Notice of Designation of Record. You have 30 days after you file a Notice of Appeal to file a Notice of Designation of Record with the Superior Court to add any item that is not already part of the court record being prepared for direct appeal.
The direct appeal will then be considered to be “at issue” with the Court of Appeals.
You have 10 days after the due date of your final Reply Brief to file a separate request for oral argument on your direct appeal. Your request must state why you are requesting oral argument.
Whoever loses the direct appeal may file a Motion for Reconsideration with the Court of Appeals or file a Petition for Review with the Arizona Supreme Court.
When you want to appeal your misdemeanor conviction or sentence from a City Court or Justice Court, then you must file your appeal with the Superior Court.
The rules and statutes that apply to your appeal include:
The 7 steps to appeal a conviction or sentence from a city court or justice court with the Superior Court include:
You have 14 days from the date of your sentencing to file a Notice of Appeal in the city court or justice court. The city court or justice court will typically have a Notice of Appeal form that you can complete and file.
After the appellate memoranda have been filed, then the city court or justice court has 30 day to send the case to the Superior Court. This includes the record on appeal and the appellate memoranda.
The appeal gets assigned to a Superior Court judge. You should receive a minute entry notifying you of the assignment.
The Superior Court ruling may do any of the following:
The criminal appeals process has many steps and often involves complex legal analysis. As a result, it can be very expensive to go through with a direct appeal if you have to hire an appellate lawyer. A direct appeal should only be pursued if there are real appealable issues in your case. Contact an experienced appellate lawyer at Feldman & Royle to discuss your appeal options.
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